intentional application of force without consent is a crime
leaving your dogs poop unattended is not
that being said, i agree that the guy has a defence, and maybe more than one
I think you're wrong, I believe the law says: intentional application of force without
cause......consent? lol, does that mean if someone says: I dare you to hit me, I could kick the living shit out of them without being charged and if they fought back, and I didn't give them permission, I could charge them?
gimme a break.
I called the police one time when I caught some kids sitting on my car and told them to get the fuck off....I was afraid they'd come back and do something to the car. I asked the cop what I can do if I catch them in the act. Their exact words were: You can do what's necessary to prevent their escape. Don't break their legs or anything, but if you have to sit on them, then sit on them.
Ummm, it IS trespassing, unless the dog crap floated through the air and magically was deposited by fairies......